After a snow day, How Are Criminal Court Dates Reset in Charlotte, NC?
Frankly, it’s a bit complicated. That’s because there are some statutory and constitutional protections afforded to people, especially those whom may be in jail, in the timely setting of important hearings. The Courts follow certain mandates established by the North Carolina General Assembly for things like:
Modified Transcript of “DWI Other Than Alcohol” for the Hearing Impaired:
If you are behind the wheel, if something is negatively affecting your ability to operate a motor vehicle, that could make you liable for driving while impaired.
Chris McCartan discusses Impairment and DWI with substances other than alcohol in North Carolina.
Governor Pat McCrory issues a “State of Emergency” in anticipation of heavy snow fall. While it doesn’t happen often, it’s not unheard of. Indeed, many people likely don’t understand what a State of Emergency is. Interestingly, sometimes the Governor’s directives are ignored. . .and what may REALLY surprise people is there can be legal consequences.
North Carolina has adopted the North Carolina Emergency Management Act, which is set forth in NCGS 166A.
The basic purposes are:
DWI Checkpoints must be fairly and evenly enforced. Bill Powers
See Related for Charlotte DWI DUI Checkpoints: NCGS 20-16.3 CHECKPOINTS
Charlotte DWI DUI Checkpoints are authorized by the North Carolina General Assembly in N.C.G.S. § 20-16.3A.
Modified Transcript of “Do Family & Friends Have to Cooperate with Police” for the Hearing Impaired:
If my loved one is accused of a felony, can I plead the fifth?
When you are called upon to answer questions by law enforcement, people often times refer to or ask the question, “Can I plead the Fifth?”
“Probable cause for an arrest has been defined to be a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty…. To establish probable cause the evidence need not amount to proof of guilt, or even to prima facie evidence of guilt, but it must be such as would actuate a reasonable man acting in good faith.” 5 Am.Jur.2d, Arrest § 44 (1962); State v. Harris, 279 N.C. 307, 182 S.E.2d 364 (1971).
Probable Cause Hearings in North Carolina
Modified Transcript of “Probable Cause to Arrest DWI” for Hearing Impaired:
North Carolina Rules of Evidence
Modified Transcript of “DWI Burdens of Proof” for Hearing Impaired:
The third burden of proof that the state has to satisfy when we’re speaking about a prosecution for DWI, I’m just going to refer to as criminal procedure at large. When we’re talking about reasonable suspicion, typically we’re talking about the stop. When we’re talking about probable cause, we’re typically just talking about the arrest. Criminal procedure at large we’re talking about the process as a whole, but not from a factual end necessarily, but from a procedural one.
Modified Transcript of “Charlotte Experienced Legal Counsel” for the Hearing Impaired:
How do I understand how to represent a serious felony? The simple answer is hard knocks, it’s life.
It’s being in the trenches and fighting for someone’s life and their livelihood and their family and their well being. There is no substitute for experience in a court room, and you can learn all the law and you can read all the cases and you can spend a lot of time looking over Discovery, and to me frankly that’s the beginning of point.
Modified Transcript of “Are Miranda Rights Required?” for the Hearing Impaired:
The single most common statement we hear from clients after the fact, after they’ve been arrested, is, “I wasn’t given my Miranda Rights, and as such, aren’t the charges or the case supposed to be dismissed?”
Upon making an arrest, a law-enforcement officer must:
Reasonable Doubt A reasonable doubt is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented, or lack or insufficiency of the evidence as the case may be. Proof beyond a reasonable doubt is proof that fully satisfies or entirely convinces you of the defendant’s guilt.
Legal Reference Materials: NC Judicial College Jury Instructions Notebook Materials
Modified Transcript of “Reasonable Doubt in Charlotte” for the Hearing Impaired:
Carolina Criminal & DUI Lawyer Blog